JUDGMENT - (1) On the 19th August, 1958, the appellants had filed a suit on the original side of this High Court and in this suit they claimed a certain amount as being due and payable to them by the respondents defendants. The writ summons was served on the defendants on 3rd October, 1958. Thereafter the suit was adjourned several times in order to enable the defendants to file a written statement. The suit then came up for hearing on 17th December, 1958. On that date the defendants again applied for adjournment of the hearing. That application was rejected. The defendants counsel then asked for permission to withdraw from the case and this was granted. The plaintiffs led some evidence and thereafter a decree was passed against the defendants. On 9th January, 1959, the defendants took out a notice of motion for setting aside the decree passed against them. This was opposed by the plaintiffs. On 16th January, 1959, Mr. Justice K. K. Desai made an order, by which he made the notice of motion absolute on certain conditions. He set aside the decree passed against the defendants. Against the order made by him an appeal was filed under clause 15 of the Letters Patent. When the appeal ca

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